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Texas

Houston strip bar peels off $60,000 to settle age bias suit

02/07/2011

The adult entertainment business trades on youthful vitality, but there’s no reason an older worker shouldn’t serve drinks in a strip club. So said the EEOC, which just reached a settlement agreement with the owners of Houston’s Cover Girls strip bar after they fired a 56-year-old waitress.

Humble drilling company to pay $580,000 in back OT

02/07/2011
Unit Texas Drilling has settled a DOL lawsuit that claimed the company stiffed 824 drillers, derrickmen and floor hands out of overtime wages they should have received. Now the company, based in Humble, will make good on its obligations under the FLSA—a total of $579,910.

Vague bias claims won’t get far in federal court

02/07/2011
Some former employees think that filing a federal lawsuit is the best way to build up their bank accounts after being fired. Their complaints are often short on detail. Courts are beginning to toss out those complaints.

Court: Bigger workload could constitute retaliation

02/07/2011
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.

Applicant has solid work history? That’s a legitimate reason for promotion

02/07/2011
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.

Play it straight: When employee’s complaints become irrational, stick with sound procedures

02/07/2011

After a discrimination complaint has been found to be without merit, most reasonable employees accept their employer’s conclusions and go back to doing their jobs. But some become bitter, suspecting that HR and management are out to get them and interpreting every subsequent interaction as evidence of a hostile conspiracy. When this happens, the worst thing you can do is play into the fear.

Nacogdoches ATV dealer faces constructive discharge suit

02/07/2011
A former secretary at a Nacogdoches vehicle dealership says the sexual harassment there was so severe she had no choice but to quit. That’s the definition of “constructive discharge,” and it’s the basis of the lawsuit Jennifer Burch has filed against Eastex Tractor & Powersports.

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

Do small employers have to comply with COBRA?

01/07/2011
Q. We are a small company with only 12 employees. We are under the impression that our employees do not have rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA) since it applies to larger employers. Are we correct?